Filing A Claim

In Ontario, you may sue with the Ministry of Labour, employment Immigration, Training and employment Skills Development if you believe the Employment Standards Act (ESA), Employment Protection for Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being broken.

If you have actually lost your job, please see Employment Ontario to discover how they can help you get training, develop skills or find a brand-new job.

Filing a claim

You can sue online for any problems relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can also sue online for problems relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to anticipate when submitting a work standards claim

If you have currently started a claim

If you have actually already started or employment sued through the claimant portal, you can:

– indication in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have actually formerly signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ create account button and develop a My Ontario account using the exact same email address that was utilized when you enrolled in the claimant portal. If you do not utilize the exact same e-mail address, you will not be able to see any of your previously submitted claims. If you require assistance, please contact the Employment Standards Information Centre.

Sign-in/ create account

Watch the claimant portal video for an overview of the portal functions, consisting of how to sign-up and utilize the website.

Internet web browser requirements

To submit a claim online using e-claim or employment to access the claimant website you need to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other browsers might work, however they are not supported by the e-claim or claimant portal.

PDF claim types

You can also file an ESA or EPFNA claim utilizing the PDF claim kind.

Submit your claim by:

– fax to 1-888-252-4684 or

mail to:

Provincial Claims Centre
Ministry of Labour, employment Immigration, Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act claims

Most employees operating in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some workers who are covered by the ESA have special rules and/or exemptions that might use to them.

A claim may be made when you think your company has actually broken your rights under the ESA.

Examples of ESA offenses consist of:

– Failure to pay a staff member the proper rate of pay and/or public vacation pay, vacation pay or other earnings they are entitled to under the ESA.

– Not offering a worker with time off for an entitled leave of lack under the ESA or penalizing a worker for taking such a leave.

– Not providing a staff member with wage statements or other needed documents.

To learn more, employment check out Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

The ESA is not the only law that uses to Ontario work environments. The rules under the ESA are minimum requirements. You might have greater rights under:

– a work agreement

– cumulative arrangement

– the typical law

– other legislation

If you have concerns about your entitlements, you might want to contact a legal representative.

Time frame for filing an ESA claim

There are time limits that apply to filing an ESA claim. Generally, you should sue within 2 years of the supposed ESA violation. If you sue within the two-year limit an employment requirements officer will investigate the claim.

Similarly, if your company owes you incomes, the wages must have been owed to you in the 2 years before your claim was declared the wages to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you believe your company or an employer has actually violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign short-term employee program. For instance, if you are working or looking for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely apply to you.

Examples of EPFNA violations consist of:

– a recruiter charging you any charges

– a company charging you for hiring expenses (with limited exceptions).

– a recruiter or employer holding onto your residential or commercial property (such as a passport).

– a recruiter or employer punishing you for inquiring about or exercising your EPFNA rights.

Foreign nationals employed in Ontario likewise have rights under the ESA. For example, if you are not being paid all wages owed, you might be able to submit a claim under the ESA.

Time frame for filing an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, an employment standards officer can typically release an order for cash owed to you under the EPFNA in the before the date you submitted an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides particular office defenses to kid performers who are under 18 years of age working in the live and documented entertainment industries.

It consists of minimum rights with regard to hours of work, breaks and payment of travel costs.

The PCPA applies to:

– child performers.

– their moms and dads.

– their guardians.

– employers.

Sections are imposed by the Health and wellness Program or the Employment Standards Program.

Find out more about the rights of child performers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace protections have actually not been provided to a kid entertainer in Ontario. Suing is free.

To submit a claim, you need to be either:

– a kid entertainer under 18 years of age.

– the parent or guardian of a kid performer under 18 years of age.

The child entertainer need to not be covered by a cumulative contract.

To submit a claim:

Download the claim type from the forms repository and conserve it to your computer system.

1. Open the kind with Adobe Reader (download Adobe Reader free of charge).

2. Fill out the kind with all the required info.

3. Select the «submit by email» button within the form to submit your claim.

Please just submit your claim once.

After you sue:

– You will receive an e-mail verification that includes your claim number.

Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as rapidly as possible.

Time restricts to submitting a PCPA claim

Generally, a PCPA claim should be submitted within 2 years of the supposed PCPA infraction.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action versus your employer for the same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you should withdraw your sent claim within 2 weeks after it is submitted.

This claim form is not meant for you if:

– you operate in a market that falls under federal jurisdiction.

– you wish to file a grievance about occupational health and safety.

– you want to submit a human rights grievance under the Human Rights Code.

– you wish to file a claim with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are examined in the order that they are gotten. The amount of time it considers a claim to be designated varies, depending upon several aspects, including the quantity of incoming claims. Anyone who sends an employment standards claim receives a confirmation and is designated a claim number. You will be contacted by the ministry once the claim has actually been designated for investigation.

The claims investigation process can take several months. In the majority of cases, a claim is assigned to an early resolution officer (ERO) for preliminary examination. If the claim is not solved by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO finishes the examination, provides a composed choice and takes enforcement action if needed.

To avoid delays with processing your claim, employment please ensure all info is proper and supporting documents are submitted. If you are sending a complaint, you need to register for the claimant portal so you can visit to see where your complaint remains in the process.